Secretary of state to

of ballot

laws.

CHAPTER XXXVI.

Senate Concurrent Resolution No. 19, relative to the printing for distribution by the secretary of state to certain county officers of additional copies of Senate Bills Nos. 792 and 793.

[Adopted March 13, 1903.]

Resolved by the senate, the assembly concurring, That the state mail copies printer be, and he is hereby, instructed to print two thousand copies of Senate Bill No. 792, and five thousand copies of Senate Bill No. 793, and that the copies so printed shall be delivered to the secretary of state, who shall mail the copies of said bills in such numbers as he may deem proper, to the various boards of supervisors of the state, registrars of voters, city councils, town trustees, and to the governing bodies of the several political parties in the state; be it further

Resolved, That this resolution is conditioned upon the approval of said bills by the governor.

Length of legislative sessions.

CHAPTER XXXVII.

Senate Constitutional Amendment No. 20-A resolution to propose to the people of the State of California an amendment to the constitution of the state, by amending sections two and twentythree of article four thereof, relating to the length of legislative sessions, the compensation of members of the legislature, and limiting the number of employés of the senate and assembly, and by amending section four of article five relating to declaring elections of governor.

[Adopted March 13, 1903.]

The legislature of the State of California, at its regular session, commencing on the fifth day of January, nineteen hundred and three, two thirds of all the members elected to each of the houses of said legislature voting in favor thereof, hereby propose that sections two and twenty-three of article four of the Constitution of the State of California be amended so as to read as follows:

Section 2. The sessions of the legislature shall commence at twelve o'clock M., on the first Monday after the first day of February next succeeding the election of its members, and, after the election held in the year 1880 shall be biennial, unless the governor shall, in the interim, convene the legislature by proclamation. No pay shall be allowed to members for a longer time than eighty days. No bill shall be introduced, in either house, sixty days after the commencement of each session, without the consent of two thirds of the members thereof.

tion of

attachés.

Section 23. The members of the legislature shall receive for compensatheir services a per diem and mileage to be fixed by law and members paid out of the public treasury; such per diem shall not exceed and eight dollars, and such mileage shall not exceed ten cents per mile, and for contingent expenses not exceeding twenty-five (25) dollars for each session. Each member of the legislature shall be entitled to the services of a private secretary, or clerk, of his own selection, at a per diem of four dollars. The legislature may also provide for the employment of additional help; but in no case shall the expense for additional employés or attachés exceed the sum of three hundred (300) dollars per day, for either house, nor shall the pay of any attaché be increased after he is elected or appointed.

And also that Section 4 of Article 5 thereof be amended to read as follows:

election for

Section 4. The returns of every election for governor shall Returns of be sealed up and transmitted to the seat of government, governor. directed to the speaker of the assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor; but in case any two or more have an equal and the highest number of votes, the legislature shall, by joint vote of both houses, choose one of such persons so having an equal and the highest number of votes for governor.

CHAPTER XXXVIII.

Senate Constitutional Amendment No. 2, to propose to the people of the State of California amending the Constitution of the State of California by amending Sections 1, 4, 10, 12, 16, 17, 18, 21, 23, and 24 of Article VI thereof, relating to the judiciary, and establishing courts of appeal.

[Adopted March 14, 1903.]

WHEREAS, The appellate system of the state provided for Preamble. in the Constitution has become and is inadequate for the discharge of the largely increased judicial business of the state, resulting from the great increase of population and development of the resources, industries, and commerce of the state since the year 1879, when the Constitution was adopted;

NOW, THEREFORE, The legislature of the State of California, at its regular session, commencing on the fifth day of January, nineteen hundred and three, two thirds of all the members elected to each of the houses of said legislature voting in favor thereof, hereby proposes that sections one, four, ten, twelve, sixteen, seventeen, eighteen, twenty-one, twenty-three,

Judicial power.

Supreme

court.

Appellate districts.

First district.

Second district.

Third district.

and twenty-four of article six of the Constitution of said state be amended so as to read as follows:

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts of appeal, superior courts, justices of the peace, and such inferior courts as the legislature may establish in any incorporated city or town, or city and county.

SEC. 4. The supreme court shall have appellate jurisdiction on appeal from the superior courts in all cases in equity, except such as arise in justices' courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to two thousand dollars; also, in all such probate matters as may be provided by law; also, on questions of law alone, in all criminal cases where judgment of death has been rendered; the said court shall also have appellate jurisdiction in all cases, matters, and proceedings pending before a district court of appeal which shall be ordered by the supreme court to be transferred to itself for hearing and decision, as hereinafter provided. The said court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or before any district court of appeal, or before any judge thereof, or before any superior court in the state, or before any judge thereof.

The state is hereby divided into three appellate districts, in each of which there shall be a district court of appeal consisting of three justices. The first district shall embrace the following counties: San Francisco, Marin, Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa Cruz, Monterey, and San Benito.

The second district shall embrace the following counties: Tulare, Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego.

The third district shall embrace the following counties: Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, Alpine, and Mono.

The supreme court, by orders entered in its minutes, may from time to time remove one or more counties from one appellate district to another, but no county not contiguous to another county of a district shall be added to such district.

Said district courts of appeal shall hold their regular ses- Sessions. sions respectively at San Francisco, Los Angeles, and Sacramento, and they shall always be open for the transaction of

business.

tion of

The district courts of appeal shall have appellate jurisdic- Jurisdiction on appeal from the superior courts in all cases at law in district which the demand, exclusive of interest, or the value of the courts. property in controversy, amounts to three hundred dollars, and does not amount to two thousand dollars; also, in all cases of forcible and unlawful entry and detainer (except such as arise in justices' courts), in proceedings in insolvency, and in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari, and prohibition, usurpation of office, contesting elections and eminent domain, and in such other special proceedings as may be provided by law (excepting cases in which appellate jurisdiction is given to the supreme court); also, on questions of law alone, in all criminal cases prosecuted by indictment or information in a court of record, excepting criminal cases where judgment of death has been rendered. The said courts shall also have appellate jurisdiction in all cases, matters, and proceedings pending before the supreme court which shall be ordered by the supreme court to be transferred to a district court of appeal for hearing and decision. The said courts shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of their appellate jurisdiction. Each of the justices thereof shall have power to issue writs of habeas corpus to any part of his appellate district upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the district court of appeal of his district, or before any superior court within his district, or before any judge thereof.

transfer

district

The supreme court shall have power to order any cause Supreme pending before the supreme court to be heard and determined court may by a district court of appeal, and to order any cause pending causes to before a district court of appeal to be heard and determined courts. by the supreme court. The order last mentioned may be made before judgment has been pronounced by a district court of appeal, or within thirty days after such judgment shall have become final therein. The judgments of the district courts of appeal shall become final therein upon the expiration of thirty days after the same shall have been pronounced.

The supreme court shall have power to order causes pending before a district court of appeal for one district to be transferred to the district court of appeal of another district for hearing Election of and decision.

justices of district

terms and

The justices of the district courts of appeal shall be elected courts; by the qualified electors within their respective districts at salaries.

Quorum of court.

District

justices

the general state elections at the times and places at which justices of the supreme court are elected. Their terms of office and salaries shall be the same as those of justices of the supreme court, and their salaries shall be paid by the state. Upon the ratification by the people of this amendment the governor shall appoint nine persons to serve as justices of the district courts of appeal until the first Monday after the first day of January in the year 1907, provided, that not more than six of said persons shall be members of the same political party. At the election in the year 1906 nine of such justices shall be elected as above provided, and the justices of each district court of appeal shall so classify themselves by lot that one of them shall go out of office at the end of four years, one of them at the end of eight years, and one of them at the end of twelve years; an entry of such classification shall be made in the minutes of the court, signed by the three justices thereof, and a duplicate thereof filed in the office of the secretary of state. If any vacancy occur in the office of a justice of the district courts of appeal, the governor shall appoint a person to hold office until the election and qualification of a justice to fill the vacancy; such election shall take place at the next succeeding general state election as aforesaid; the justice then elected shall hold the office for the unexpired term.

One of the justices of each of the district courts of appeal shall be the presiding justice thereof, and as such shall be appointed or elected as the case may be. The presence of three justices shall be necessary for the transaction of any business by such court, except such as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment.

Whenever any justice of the supreme court is for any may sit in reason disqualified or unable to act in a cause pending before it, the remaining justices may select one of the justices of a district court of appeal to act pro tempore in the place of the justice so disqualified or unable to act.

supreme

court.

Statutes in force govern

appeals.

Whenever any justice of a district court of appeal is for any reason disqualified or unable to act in any cause pending before it, the supreme court may appoint a justice of the district court of appeal of another district, or a judge of a superior court who has not acted in the cause in the court below, to act pro tempore in the place of the justice so disqualified or unable to act.

No appeal taken to the supreme court or to a district court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be proceeded with therein as if regularly appealed thereto.

All statutes now in force allowing, providing for, or regulating appeals to the supreme court shall apply to appeals to the district courts of appeal so far as such statutes are not inconsistent with this article and until the legislature shall otherwise provide.